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Asbestos Litigation Asbestos

New York Court Rejects Insurer’s Defenses to Coverage for Asbestos Claims Arising Out of the Construction of the Original World...

by K&L Gates LLP on

On November 29, 2017, the New York Supreme Court issued an important ruling benefiting policyholders seeking insurance coverage for toxic tort claims. In American Home Assurance Company v. Port Authority of New York & New...more

Update on San Francisco Asbestos Trial Dates and Settlement Conference Process

by Selman Breitman LLP on

Judge Lee Going Back To "In-Person" MSC System For Preference And "Five Year" Cases - Judge Lee, the presiding judge of the San Francisco Asbestos Department, has indicated that asbestos cases up against the five year...more

Baltimore City Asbestos Docket Dilemma Comes to a Head in Annapolis

by Miles & Stockbridge P.C. on

Many plaintiffs consider the Circuit Court for Baltimore City to be the asbestos capital of the Maryland courts. After all, the City has its own asbestos litigation rules, docket procedures, and even its own electronic filing...more

The Scope of an Insurer’s Right to Control the Defense – OneBeacon America Ins. Co. v. Celanese Corp.

The scope of an insurer’s right to control the defense of an insured is an underdeveloped issue in Massachusetts case law, which the Appeals Court recently addressed in OneBeacon America Ins. Co. v. Celanese Corp., No....more

Seventh Circuit Upholds Exclusion of Expert Testimony that “Cumulative Exposure” Equals Causation in Asbestos Cases

by Reminger Co., LPA on

An essential element in an asbestos case is proof that an exposure to a particular defendant’s product is a substantial factor in causing the injury. To satisfy their burden, plaintiffs rely upon testimony from experts. ...more

Iowa Legislature Introduces Asbestos Litigation Reforms

by K&L Gates LLP on

Over more than four decades of asbestos litigation, many former manufacturers and suppliers of asbestos-containing products have since filed for bankruptcy and exited the tort system. While these entities now have the...more

Take-Home Exposure and Stream of Commerce

by Low, Ball & Lynch on

Joseph Petitpas v. Ford Motor Company, et al. - Court of Appeal, Second Appellate District, 13 Cal.App.5th 261 (July 5, 2017) - Plaintiffs Marline and Joseph Petitpas sued Exxon Mobil Corporation, Ford Motor Company,...more

Update on San Francisco Asbestos Settlement Conferences

by Selman Breitman LLP on

Judge Lee Trying Out New Approach - Judge Lee, the presiding judge of the San Francisco Asbestos Department, has set forth a new Mandatory Settlement Conference (MSC) system for San Francisco asbestos cases. She stated...more

The King’s Time Is Up: Arizona Supreme Court Holds That the Statute of Repose Bars Untimely Claims by State Entities and Overrides...

by Pepper Hamilton LLP on

City of Phoenix v. Glenayre Elecs., Inc., 2017 Ariz. LEXIS 121 (Ariz. May 10, 2017) - Between 1960 and 2000, Carlos Tarazon (“Tarazon”) performed work installing and repairing water piping for various contractors and...more

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

by Ruder Ware on

Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

Court Compels Discovery Of Reinsurance Allocation Information

by Carlton Fields on

In an action involving claims under facultative reinsurance for the reinsurance of asbestos risks, the reinsurer sought discovery of documents concerning the allocation of losses among the reinsurers on the program, and...more

Connecticut Appellate Court Issues Mixed Ruling on Coverage for Asbestos Liabilities

by Jones Day on

Manufacturers with asbestos liabilities should pay attention to the March 7, 2017, ruling in R.T. Vanderbilt Company v. Hartford Accident and Indemnity Company by the Connecticut Appellate Court. While the court issued...more

California Court Rejects Plaintiff’s Claim of ‘Possible’ Exposure to Asbestos

by Selman Breitman LLP on

Defendants in California asbestos injury lawsuits cannot be held liable where plaintiffs can only prove a ‘possibility’ of exposure to defendants’ asbestos-containing products. The California Court of Appeal in Billy S....more

Court Refuses To Compel Production Of Cedent’s Documents To Reinsurer When Extent Of Cedent’s Obligation To Provide Documents Is...

by Carlton Fields on

A court has denied a motion to reconsider its decision denying a reinsurer’s (Century Indemnity Co.) motion to compel an insurer (Travelers Casualty and Surety Company) to produce certain documents in a case in which...more

California Imposes Broad Liability in “Take-Home” Toxic Exposure Cases

by Wilson Elser on

The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v....more

For Whom the Bell(efonte) Tolls

by Locke Lord LLP on

“It ain’t over until it’s over.” but it appeared to be over, although, and it did come as a bit of a surprise for most of the industry. Capping the limits on defense costs/expenses under facultative certificates caught many...more

California Supreme Court Imposes Broad Liability for Employers and Premises Owners in “Take-Home” Toxic Exposure Cases

by Wilson Elser on

The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v....more

Extra! Extra! Read All About It! Publication Notice of Claims Bar Date Satisfies Due Process Requirements

by Robins Kaplan LLP on

In a recent decision involving the adequacy of publication as a means of notice to creditors, the United States Bankruptcy Court for the Southern District of New York reaffirmed the importance of a thorough bar date noticing...more

Rost May Change the Toxic Tort Landscape

A November 22, 2016 Supreme Court ruling, Rost, significantly changed the playing field for defendants in Pennsylvania. During trial, Plaintiffs’ expert, Dr. Arthur Frank, espoused the previously-rejected opinion that each...more

California Supreme Court Establishes Duty in Take-Home Asbestos Exposure Cases

by Perkins Coie on

On December 1, 2016, the Supreme Court of California held that the duty of employers and premises owners to exercise ordinary care in their use of asbestos in their businesses includes a duty to take reasonable care to...more

Asbestos Alert: Employers and Land Owners Have Duty to Take-Home Exposure Plaintiffs

by Low, Ball & Lynch on

Kesner v. Pneumo Abex, LLC - Supreme Court of California (December 1, 2016) We first reported on this case on May 14, 2014, when the Court of Appeal ruled. The case was further appealed to the California Supreme...more

Asbestos Alert: Government Contractor Defense Available to Broker Which Arranged for Asbestos-Containing Insulation to Be Provided...

by Low, Ball & Lynch on

California Court of Appeal, First Appellate District (November 22, 2016) - The Government Contractor defense is available in asbestos lawsuits brought against manufacturers and suppliers of military hardware and...more

Court Decides Take-Home Exposure Duty Claims with 'Wide-Ranging Impact'

by Polsinelli on

Employers and premises owners have a duty to "members of a worker's household" to exercise ordinary care to prevent take-home asbestos exposures, the California Supreme Court held on December 1, 2016. This ruling expands...more

Insurance Recovery Law - November 2016

Asbestos Injury Continuous, Delaware Supreme Court Rules - Why it matters - In the latest ruling in the long running asbestos litigation involving pump manufacturers in Delaware, the state's highest court declared,...more

Suit Against Reinsurer In California Dismissed For Lack Of Personal Jurisdiction

by Carlton Fields on

A federal district court in California recently dismissed a lawsuit brought by a cedent against its reinsurer for lack of a personal jurisdiction, where the reinsurer’s only contacts with the state derived from the fact that...more

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